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Formation of Contract: Black Sea Commodities Ltd v Lermarc Agromond Pte Ltd
In early 2018 Lermarc Agromond (the buyer) and Black Sea Commodities (the seller) negotiated a contract for the sale and purchase of
Selection of Arbitrators in Investment Arbitration
It is a fundamental principle of resolving disputes by arbitration that parties should enjoy some degree of control over the selection of the
CMS 2021 Annual Review of English Construction Law Developments - An international perspective
We are pleased to announce the publication of the 2021 edition of our Annual Review of English Construction Law Developments: An International
Can the Egyptian Government Vest A Municipal Court With The Power To Review ICSID Awards?
On 6 January 2021, the Egyptian Government introduced a draft law for parliament’s approval, seeking to expand the Egyptian Supreme Constitutional
Might a systematic plan contribute to the diffusion of Mediation in Europe ?
The welcome from European scholars and dispute resolution circles to the largely reviewed mediation coming from the US (in particular thanks to the
Austrian Supreme Court puts a stop to delaying tactics in arbitration proceedings
In order to resolve their legal disputes parties not only can resort to state courts. They also have the option of referring the legal dispute to an
Ninth Circuit Decision Holds That California Law Addressing Mandatory Arbitration Agreements May Go Into Effect
Since the Supreme Court issued its seminal 2018 decision in Epic Systems Corp. v. Lewis, acknowledging that the Federal Arbitration Act (“FAA”
9th Cir. Holds McGill Rule Did Not Bar Arbitration, Rejects Recent Contrary State Appellate Court Rulings
The U.S. Circuit Court of Appeals for the Ninth Circuit recently reversed a trial court’s denial of a motion to compel arbitration under the Federal
A Glimpse on the Highlights of the Exposure Draft of the New PRC Arbitration Law
The PRC Ministry of Justice issued an exposure draft of the new Arbitration Law (the "Exposure Draft") on July 30, 2021, for public comment. The
仲裁法修订征求意见稿评析与建议
2021年7月30日司法部发布了中华人民共和国仲裁法修订征求意见稿以下简称"仲裁法草案"向社会公众征求意见 此次中华人民共和国仲裁法
The Investment Treaty Arbitration Review: fair and equitable treatment
The fair and equitable treatment (FET) standard in investment protection treaties remains at the core of states' obligations and thus often arises in
Future cities series - Infra disputes turning to mediation
Mediation is set to become a bigger part of resolving infra disputes in increasingly connected global cities. It's 2025 and you are Managing Counsel
Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until completiontermination” clauses valid?
Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely
CJEU: Intra-EU arbitration under the ECT is incompatible with EU Law
This March the Court of Justice of the European Union ("CJEU" or the "Court") was invited by the Advocate General Szpunar
Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause
The US Court of Appeals for the Sixth Circuit affirmed in part a district court’s grant of a stay pending arbitration, finding that as non-parties to
Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions
The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR) institution decisions by the
AB 51Preempted, or Not Preempted? That Remains the Question
A divided Ninth Circuit panel has held that employer attempts to impose mandatory arbitration agreements on applicants or employees
Towards a Practical Framework for Mass Claims Under Investment Treaty Arbitration
The globalization of business streams has led to the rise of groups of potential claimants with similar cross-border claims, such as claims related
Making them pay - dealing with a party's refusal to pay its advance on costs in international arbitration
All of the major arbitral institutions require payment of an advance on costs (to cover arbitrators' fees and the institution's administrative
Leave no stone unturned: Contractual indemnity as the best safeguard
Although the concept of “costs of arbitral proceedings” has been explored in many articles in other jurisdictions, such discussion has no relevance
Federal Arbitration Act Partial Bar on California’s Ban on Mandatory Arbitration Contracts, Court Holds
The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of
Anayasa Mahkemesi Sözleşmedeki Tahkim Şartına Bağlı Olarak 7 Yıl Sonra Verilen Görevsizlik Kararının Mülkiyet Hakkını İhlal Etmediğine Karar Verdi
Anayasa Mahkemesi “AYM”, 07.09.2021 tarihli Resmi Gazete’de yayımlanan 08.06.2021 tarih ve 20185832 başvuru numaralı kararı Ile sözleşmede yer alan
Arendt welcomes a new Counsel in Litigation & Dispute Resolution
Arendt is pleased to announce that the Paris-based arbitration practitioner Paschalis Paschalidis has joined its Litigation & Dispute Resolution
Turkish Constitutional Court Ruled that the Decision of Non-Jurisdiction Adopted After 7 Years Based on the Arbitration Clause Does Not Violate Right to Property
In its decision dated June 8, 2021, and numbered 20185832, the Turkish Constitutional Court the "Court" ruled that the dismissal of the case in
New Concession Arbitration Court in Hungary: An Uneven Playing Field
Would you agree to arbitrate in a forum where the opposing party has the last word about the tribunal's composition? This is what the new Hungarian
Investment Treaty Arbitration: res judicata
By simple definition, res judicata refers to a doctrine that precludes re-litigation of a matter that has been already adjudicated by a court or an
Dispute Resolution round-up - September 2021
Welcome to the fifth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three
Enforcement of Emergency Awards - India takes a leap
On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This
Dispute resolution across international borders: Should we be using arbitration?
The use of commercial arbitration by Australian companies is increasing, especially in the context of cross-border business
Court Discretion in Indian Setting-aside Proceedings: Modification v. Doing “Complete Justice”
Proceedings for setting-aside arbitral awards in India have been the subject of controversy since time immemorial. Recent trends indicate that the